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Last Will & Testament of
Robert Gilfillan (1873)

Last Will & Testament

I, Robert Gilfillan, of York County, State of South Carolina, considering the uncertainty of this mortal life and being of sound mind and memory, do make and publish this my last Will and Testament, in manner form following:

1. I give and bequeath to my beloved wife Grizzella, during her natural life, all that tract or body of land on which I now reside or live with my family.

2. I further give and bequeath to my beloved wife, during her natural life, two head of cattle and a horse. Said cattle and horse subject to her choice from all the cattle and horses owned by me: also in the manner and for the same period, my said wife is to have my buggy.

3. My sons, having been apportioned and endowed by me heretofore, I now can leave them only my blessing.

4. Of the tract of land called the McClure tract, I have given heretofore to my son-in-law Samuel Scott, one half thereof of the other half of said McClure tract, and of my home tract, devised to my wife, during her natural life, in the first clause of this writing, my will is, and I so devise, that, on the death of my wife, my daughters, Eliza Jane and Mary, shall have choice, said choice to be signified in writing to have and take in fee simple the whole of my Home plantation, to be held, owned, and possessed by them in common, or whether they have and take in fee simple the moiety of the McClure tract owned by me, to be held, owned and possessed by them in common.

5. My daughters, Eliza Jane and Mary, having made and signified their choice, as in fourth clause, I will and devise that all my land, left after said choice, shall be sold by my executor at public sale, with full power to convey the same; and the proceeds thereof shall be equally divided, share and share alike, among my daughters, to wit, Martha, Isabella, and the daughters of Nancy, the daughters of Nancy taking the share their mother would have taken if alive.

6. I further will, direct, and bequeath that all my personal property, not before and hereafter specified, shall be sold, at public sale, by my executor, and the proceeds thereof be equally divided, share and share alike, among all my daughters, the daughters of Nancy taking the share which their mother would have taken if alive.

7. I will, direct, and bequeath that my Rail Road and other stocks and bonds, notes, accounts, monies, judgments, executions, and all other evidences of debts due me, shall be equally divided, share and share alike, in like manner as is directed in the last preceding clause No. 6 of this my last Will and Testament.

8. I constitute and appoint Samuel M. Scott the Executor of this my last Will and Testament.

9. Be it remembered that the provisions made in the 1st and 3rd clauses of my Will to my beloved wife is to be considered in lieu of her dower in the lands mentioned in my will. Witness my hand and seal. April 13th, 1872.

Robert Gilfillan’s signature above is a computerized picture of his signature as it appears on the original Will on file at the York County Courthouse in York, South Carolina.